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Patna High Court

Sanjay PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court disposed of the writ application, directing the Secretary to hear the parties and issue a reasoned order within eight weeks, without ordering an interim freeze of powers.

Summary

Petitioners Sanjay Prasad and Radha Raman Puri filed a writ petition seeking a direction to the Secretary, Urban Development and Housing Department, to finalize an enquiry report concerning alleged financial irregularities by the Executive Officer and Chief Councilor of Nagar Parishad, Daudnagar, and to freeze their financial powers pending the outcome. The enquiry report dated 22‑05‑2025 had already been transmitted to the Secretary by the District Magistrate. The State argued that the Secretary should decide after hearing the accused. The Court observed that the report is already before the Secretary and directed that the Secretary afford a hearing to all concerned parties and pass a reasoned order within eight weeks, without ordering any interim freezing of powers. Consequently, the writ application was disposed of.

Issues considered

  • Whether the High Court can direct the Secretary to finalize an enquiry report and impose an interim freeze of financial powers of the accused officials.
  • Whether the petitioners are entitled to a writ directing administrative action when the enquiry report has already been placed before the concerned authority.
  • Whether a hearing must be afforded to the accused before any punitive or restrictive order is issued.

Subjects

  • writ petition
  • administrative law
  • enquiry report
  • financial irregularities
  • municipal corruption
  • hearing
  • interim relief
  • urban development

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.15752 of 2025
                 ======================================================
           1.     Sanjay Prasad S/o Virijbihari Lal, Resident of Churi Bazar, Ward No. 11,
                  P.S. Daudnagar, District- Aurangabad.
           2.    Radha Raman Puri, S/o Yadunandan Puri, Resident of Patna Ke Phatak Puri
                 Muhalla, Ward No.-21 (At present Ward No.-24), P.S.- Daudnagar, District-
                 Aurangabad.

                                                                           ... ... Petitioner/s
                                                   Versus
           1.    The State of Bihar through the Principal Secretary, Urban Development and
                 Housing Department, Government of Bihar, Patna.
           2.    The Secretary, Urban Development and Housing Department, Government
                 of Bihar, Patna.
           3.    The District Magistrate, Aurangabad.
           4.    The Sub-Divisional Officer, Daudnagar, Aurangabad.
           5.    Smt. Anjali Kumari, the Chief Councilor, Nagar Parishad, Daudnagar,
                 Aurangabad.
           6.    Rishikesh Avasthi, the Executive Officer, Nagar Parishad, Daudnagar,
                 Aurangabad.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sushil Kumar Jha
                 For the Respondent/s   :      Mr. Kumar Alok, Standing Counsel (07)
                                               Mr. Sudhanshu Prakash
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   31-03-2026                    Heard learned counsel for the petitioners and

                   learned counsel for the respondents.

                               2. The instant writ application has been filed for

                   directing the respondent, the Secretary, Urban Development and

                   Housing Department, to finalize the enquiry report of the

                   respondent       Sub-Divisional       Officer     dated      22.05.2025,

                   transmitted by the respondent District Magistrate, against
Patna High Court CWJC No.15752 of 2025(2) dt.31-03-2026
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          various financial irregularities committed by the respondent

          Executive Officer, namely, Rishikesh Avasthi, Nagar Parishad,

          Daudnagar, in connivance with Smt. Anjali Kumari, the Chief

          Councilor, Nagar Parishad, Daudnagar, who have committed

          various corrupt practices for their personal gain at the cost of the

          State exchequer and public inconvenience. Further, to punish the

          respondent Executive Officer and Smt. Anjali Kumari, the Chief

          Councilor, and to recover the embezzled public money collected

          through corrupt practices, and till finalization of the proceeding,

          all the financial powers of respondent nos. 5 and 6 may be

          frozen.

                      3. Learned counsel for the petitioners submits that an

          enquiry      into    the    allegations         of   misappropriation   and

          embezzlement of funds has already been conducted by the

          District Magistrate, and the report has been forwarded to the

          Secretary, Urban Development and Housing Department, vide

          Letter No. 4515 dated 18.06.2025.

                      4. On the other hand, learned counsel for the State, as

          also learned counsel appearing for Nagar Parishad, Daudnagar,

          Aurangabad, submit that since the report has already been

          forwarded to the Secretary, Urban Development and Housing

          Department, Government of Bihar, the Secretary may be
           Patna High Court CWJC No.15752 of 2025(2) dt.31-03-2026
                                                      3/3




                     directed to take a final decision in accordance with law after

                     providing an opportunity of hearing to the persons against

                     whom the allegations of misappropriation and embezzlement

                     have been made.

                                 5. In view of the aforesaid facts, and considering that

                     the report has already been placed before the Secretary, Urban

                     Development and Housing Department, as also that the

                     petitioner has submitted a representation dated 18.12.2024

                     (Annexure-P/1), it is directed that, if the Secretary requires any

                     assistance from the petitioners, their appearance may be secured

                     through proper communication. Before passing appropriate

                     orders, the Secretary shall ensure that all concerned parties are

                     heard, and thereafter pass a reasoned order in accordance with

                     law within a period of eight weeks from the date of

                     receipt/production of a copy of this order.

                                 6. With the aforesaid observations and directions, the

                     instant writ application stands disposed of.

                                 7. Pending I.A.(s), if any, also stands disposed of.



                                                              (Ajit Kumar, J)
shikha/-

U


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